Internationally recognised human rights principles relevant to HIV/AIDS

Are states obliged to respect and
promote human rights?
When human rights are recognised by a convention or
treaty, YES. States have political and legal obligations
of compliance. There is a wide range of human rights
related UN treaties or conventions, as well as certain
regional conventions; these all create obligations for
those countries that have signed or ratified them.
Reporting, monitoring and protection mechanisms exist
to make Governments accountable to civil society in
their country and abroad.
2• Is there any international
convention or treaty on human rights
and HIV/AIDS?
No – there is no international convention or treaty
specifically addressing human rights and HIV/AIDS.
But, there are many treaties and conventions that
contain human rights principles relevant to HIV/AIDS.
These include for example the International
Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights,
the Convention on the Elimination of All Forms of
Discrimination against Women and the Convention
on the Rights of the Child.
Internationally recognised human rights principles
relevant to HIV/AIDS include the right to nondiscrimination
and equality before law, the right to life
and to health, the right to information and to freedom
of expression, the right to marry and raise a family,
the right to work to an adequate living standard and
to social security, the right to share in scientific
advancement and its benefits, etc.
The International Guidelines on HIV/AIDS and Human
Rights, issued by UNAIDS and the UN Office of the High
Commissioner for Human Rights provide recommendations
to states on how to apply internationally recognised
human rights in the context of HIV/AIDS.
3• What can the UN or other
international governmental
organizations do when governments
fail to comply with human rights
obligations?
• Official investigation of alleged human rights abuses
• Recommendations to individual governments
• Technical assistance to governments, for example
to review laws or practices
• Rulings on specific violations of human rights by
regional courts (Two such courts exist at present :
the Inter-American Court of Human Rights and the
European Court of Human Rights)
• Publication of reports about the human rights
situation in particular countries, or with regard to
specific groups (for example, women, children,
indigenous people, etc.), or themes (child